Table of Contents

1. Outline: .................................................................................................................................... 2
2. Preservation of dignity as human beings:- .............................................................................. 3
3. Social Security: - ...................................................................................................................... 4
4. Freedom of belief: - .................................................................................................................. 5
5. Good Treatment: - ................................................................................................................... 5
6. Security of Life, Property, and Honor: - ................................................................................. 5
7. Implication of rights of non-Muslims in Pakistan: ................................................................. 6
7.1 Creation of Ministry of Human Rights: .......................................................................... 7
7.2 National Commission for Minorities: .............................................................................. 7
Conclusions:..................................................................................................................................... 8
References ........................................................................................................................................ 9

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Rights of Non-Muslim in Shariah, Law and its implication in
Pakistan
1. Outline:
To explain the rights of non-Muslims in Islamic shariah we first define what shariah
means. Shari-ah is an Arabic word and it means ‘’way’’ or “path”. In other words
anyone who wishes to gain guidance on a particular matter he or she should follow a
single path and a unified set of guidelines which is the purpose of the shariah law or
Islamic shariah.

Islam is a just religion and it takes care of the rights of all living creatures including
plants and animals. The non-Muslim citizens living in an Islamic state are called
Zimmis (those in custody) and they have certain rights and values according to the
priciples of Islam. The Zimmis are the ones that pay a certain amount of tax called
“Jizya” to the Islamic state for their protection. Along with the Zimmis there are two
other types of non-Muslim citizens which are People of the Hudna (truce) and
Musta'min (protected one) [1]. The people of Hudna are the ones who sign a peace
treaty with the Muslims of the state after having lost a war. The protected ones are the
non-Muslims who come to the Islamic state to learn about Islam and they are not
liable to pay Jizya but they would be urged to embrace Islam. If infact they do not
embrace Islam and want to go back to their homeland then they should not be harmed
in any case. Non Muslim citizens in an Islamic state cannot interfere to a great extent
in political and ideological matters. Jizya is a symbol of humility and submission to
the Islamic state and once a non-Muslim has payed the amount, their rights and
property will be protected and not be harmed. Islam encourages people to maintain
friendly and peaceful relations among the non-Muslim neighbours[2]. Allah says in
the Quran (60:8):
“Allah forbids you not, with regard to those who fight you not for (your) Faith nor
drive you out of your homes, from dealing kindly and justly with them: for Allah
loveth those who are just.”

The people of the book share many commonalities with the Muslims that is why a fair
and friendly attitude is encouraged and fighting and violence is impermissible. Islam
respects the postition of the non-Muslim citizens and they are free to follow their
religion. Even though the Zimmis cannot become the head of the Muslim state
since this is against the ideology they can enjoy certain ministrial positions on merit.
Jizyah is not a punishment towards the Zimmis rather it is their own equivalent of the
tax as the Zakah is for the Muslims which is 2.5% of their wealth. Since the non-
Muslims do not believe in Islam therefor they cannot pay Zakah but they will pay the
Jizyah according to their own financial ease and then they can enjoy the rights and
security of the state as any other person. The Zimmis are also not encouraged to take
part in the military matters as they would then have to fight for a cause they might not
agree with. If infact a Zimmi joins the Muslim army then the Jizyah would not be
compulsory on him. [2] Muslims can live peacefully with the Zimmis and respect
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 them but they cannot encourage their faith or beliefs. The Muslims cannot help them
in the construction of their temples or churches, dress like them or emulate them or
even promote the selling of wine, pork or other drugs.

The divine standard provides true comprehensiveness and depth in human needs. It
provides for everything that benefits the human race and shields it from any harm.
Objective study is likely to conclude, ‘there is no religion or moral code on earth that
has given more generous attention to faithfully affirming these rights than Islam,
detailing them, clarifying them, and expressing them. [3]

The Shariah, which is the legal and moral code of Islam, does not confine itself to
giving rights to Muslims only. One of its distinguishing features is that non-Muslim
share many of these rights. As a matter of fact, the general principle is that non-
Muslims have the same rights and obligations as Muslims. [4] This aspect of religion
is unique to Islam, and perhaps has not been attained by any other world religion. If
we look at Christianity, for example, Professor Joseph Heath of the University of
Toronto, says, ‘It should go without saying that you can scour the Bible and not find
one single mention of “rights.” You can also pick through the following 1500 years of
Christian thought without finding any rights. That’s because the idea is entirely
absent.’
Non-Muslims have many rights in Islam. We will limit our discussion to the most
important of them, such as the freedom of belief, preservation of dignity as human
beings, social security, good treatment, security of life, property, and honor. [5]

2. Preservation of dignity as human beings:-

An example of how Islam gives regard to human dignity in the following example. A
famous story illustrates the degree to which the caliphs of early Islam protected the
dignity of non-Muslims. Amr ibn al-As was the governor of Egypt. One of his sons
beat up a Coptic Christian with a whip, saying, ‘I am the son of a nobleman!” The
Copt went to Umar ibn al-Khattab, the Muslim caliph who resided in the city of
Medina, and lodged a complaint. These are the details as related by Anas ibn Malik,
the personal servant of the Prophet in his lifetime: “We were sitting with Umar ibn al-
Khattab when an Egyptian came in and said, ‘Commander of the Faithful, I come to
you as a refugee.’ So, Umar asked him about his problem and he answered, Amr had
a custom of letting his horses run free in Egypt. One day, I came by riding my mare.
When I passed by a group of people, they looked at me. Muhammad, the son of Amr
got up and came my mare!’ I responded, ‘I swear by the Lord of the Kaaba, the mare
is mine!’ He came up to me and began beating me with a whip, saying, ‘You may
take her, because I am the son of a nobleman (meaning I am more generous than
you).’ The incident got to Amr, who feared that I might come to you, so he put me in
jail. I escaped, and here I am before you.” Anas continued: “I swear by God, the only
to me, saying, ‘I swear by the Lord of the Kaaba, this is response Umar made was to
tell the Egyptian to take a seat. Then, Umar wrote a letter to Amr, saying, ‘When this
letter reaches you, come and bring me your son, Muhammad.’ Then he told the
Egyptian to stay in Medina until he was told Amr has arrived. When Amr received the

3
 note, he called his son and asked him, ‘Did you commit a crime?’ His son stated he
has not. Amr asked, ‘Then why is Umar writing about you?’ They both went to
Umar.” Anas narrates the incident further:
“I swear by God, we were sitting with Umar, and Amr arrived wearing the clothes of
common people. Umar looked around for the son, and saw him standing behind his
father (to appear less conspicuous). Umar asked, ‘Where is the Egyptian?’ and he
responded, ‘Here I am!’ Umar told him, ‘Here is the whip. Take it and beat the son of
the nobleman.’ So he took it and beat him vigorously, while Umar said over and over,
‘Beat the son of the nobleman.’ We did not let him stop until we were satisfied he had
beaten him enough. Then, Umar said, ‘Now you must take it and hit me on my bald
head. This all happened to you because of my power over you.’ The Egyptian
responded, ‘I am satisfied and my anger has cooled.’ Umar told him, ‘If you had
beaten me, I would not have stopped you until you had wished to. And you, Amr,
since when have you made the people your slaves? They were born free.’ Amr began
to apologize, telling him, ‘I did not know that this is what happened.’ So, Umar said
turned back to the Egyptian, telling him, ‘You may go, and be guided. If anything
untoward happens to you, write to me. [6]
‘The value of this story is that it records how people had a sense of their humanity and
dignity under the rule of Islam. Even an unjust blow was disapproved and despised.
Many incidents of injustice similar to this story occurred at the time of the Byzantine
Empire, but nobody moved to rectify them. However, under the protection of the
Islamic state, we see an example of an oppressed person having the conviction of his
dignity and access to his rights so strong that he was willing to undertake the hardship
and privation of a trip from Egypt to Medina, because of his trust that he would find
someone to listen to his compliant.’ [7]

3. Social Security: -
Modern welfare states provide social benefits to their poor citizens but Islam preceded
all nations in establishing social security services. Islamic law set up financial
provisions for needy Muslims through zakah (obligatory charity) and sadaqa
(voluntary charity). Zakah was made obligatory on wealthy Muslims to take care of
the poor whereas sadaqa was left on individual discretion to help the needy. Social
security provided by Islam includes non-Muslims as well. Islamic Law requires the
state to provide for its citizens with disabilities – Muslim or non-Muslim - that
prevent them from employment. They are provided for by the public treasury and the
ruler is negligent if he does not do so. Many instances of Muslims providing social
security to the non-Muslim citizens are recorded in history. Umar ibn al-Khattab the
second caliph of Islam, once passed by a old blind man begging in front of a house.
Umar asked him which religious community he belonged to. The man said he was
Jewish. Umar then asked him, ‘What has brought you to this?’ The old man said, ‘Do
not ask me; ask …poverty, and old age.’ Umar took the man to his own home, helped
him from his personal money, and then ordered the head of the treasury, ‘You must
look after this man and others like him. We have not treated him fairly. He should not

4
 have spent the best years of his life among us to find misery in his old age.’ Umar also
relieved him and others in his situation of paying the jizya. [8]

4. Freedom of belief: -
Islam does not compel people of other faiths to convert. It has given them complete
freedom to retain their own faith and not to be forced to embrace Islam. This freedom
is documented in both the Quran and the prophetic teachings known as Sunnah. God
addresses the Prophet Muhammad in the Quran: “If it had been your Lord’s will, they
would all have believed – all of who are on earth! Will you then compel humankind,
against their will, to believe?” (Quran 10:99)
Prophet Muhammad, may the mercy and blessings of God be upon him, would give
people a choice between entering Islam and retaining their religion. He would ask
them to accept Islam only after making an agreement with them, once they had
become residents in the Islamic state and felt secure about their personal safety and
property. This allowed them to appreciate the security of the covenant with God and
His Prophet. It is precisely for this reason that the non-Muslim citizens are referred to
as dhimmis. [9]

5. Good Treatment: -
The Quran instructs Muslims to treat non-Muslims courteously in a spirit of kindness
and generosity, given they are not hostile towards Muslims. God says: “God does not
forbid you from those who do not fight you because of religion and do not expel you
from your homes – from dealing kindly and justly with them. Indeed, God loves those
who act justly. God only forbids you from those who fight you because of religion
and expel you from your homes and aid in your expulsion – (forbids) that you make
allies of them. And whoever makes allies of them, then it is those who are the
wrongdoers.” (Quran 60:8-9) Al-Qarafi, a classical Muslim scholar, describes the
depth of the meaning of “dealing kindly” referred to in the above verse. He explains
the term:
‘…gentleness towards the weak, providing clothing to cover them, and soft speech.
This must be done with affection and mercy, not by intimidation or degradation.
Furthermore, tolerating the fact that they may be bothersome neighbors whom you
could force to move, but you do not out of kindness towards them, not out of fear or
financial reasons. Also, praying they receive guidance and [thus] join the ranks of the
blessed with external reward, advising them in all wordily and spiritual matters,
protecting their reputation if they are exposed to slander, and defending their property,
families, rights, and concerns. Assisting them against oppression and getting them
their rights. [10]

6. Security of Life, Property, and Honor: -

Islamic Law protects basic human rights like the preservation of life, property, and
honor for Muslims and non-Muslims alike. Whether the non-Muslims are residents or
visitors, they are guaranteed these rights. These rights cannot be taken away except in
a justified case permitted by law. For instance, a non-Muslim may not be killed unless

5
 he is guilty of killing. God says: “Say, ‘Come, I will recite what your Lord has
prohibited to you. (He commands) that you not associate anything with Him, and to
parents, good treatment, and do not kill your children out of poverty; We will provide
for you and them. And do not approach immoralities – what is apparent of them and
what is concealed. And do not kill the soul which God has forbidden [to be killed]
except by [legal] right. This has He instructed you that you may use reason.’” (Quran
6:151) The Prophet of Islam declared that the life of non-Muslims residents or visitor
as inviolable when he said: “Whoever kills a person with whom we have a treaty, will
not come close enough to Paradise to smell its scent, and its scent can be found as far
away as forty years of travel.” (Saheeh Al-Bukhari) Islam does not allow assaulting a
non-Muslim, violating his honor or property, or hurting him. If someone steals from a
dhimmi, he must be punished. If anyone borrows from a dhimmi, the property must
be returned. The Prophet of Islam said:
“You must know that it is not lawful for you to take the property of the People of the
Covenant unless it is (in payment) for something.

7. Implication of rights of non-Muslims in Pakistan:

According to the Constitution of Pakistan, there is no discrimination in the rights of
ethnic and linguistic minorities in Pakistan. They are treated equally and with the same
legal status.

The Constitution of Pakistan has several Articles that safeguard against any form of
discrimination:

 Article 4: States that it is the inalienable right of every citizen to enjoy the protection
of law

 Article 9: Guarantees security of life and liberty of every citizen.

 Articles 15 to 20: Guarantee freedom of movement, assembly, association, speech,

profess religion and manage religious institutions to every citizen.

 Articles 21: Provides safeguards against any special tax, the proceeds of which are
to be spent on the propagation or maintenance of any religion other than his own as
well

 Article 22: Provides safeguards against receiving religious instructions or taking

part in any religious ceremony other than her/his own.

 Article 25: Guarantees equal protection of law to all citizens, irrespective of their
cast, gender or creed etc.

 Article 26: Guarantees non-discrimination in respect of access to public places.

 Articles 27: Provides safeguard against discrimination in appointments in the civil

services of Pakistan.
6
  Article 28: Guarantees promotion of distinct language, script or culture to any
section of citizens and establishing institutions for promoting their language, script
or culture.

 Article 33: States that the State shall discourage parochial, racial, tribal, sectarian
and provincial prejudices among the citizens.

 Article 36: Guarantees protection of minorities and states that the State shall
safeguard the legitimate rights and interests of minorities, including their due
representation in the Federal and Provincial services.

 Article 37 of the Constitution makes it the State’s responsibility to ensure promotion

of educational and economic interests of backward groups or areas and make higher
education accessible to all on the basis of merit. [11]

7.1 Creation of Ministry of Human Rights:

The Ministry of Human Rights has been separated from the Ministry of Law and Justice
on November 3, 2008. The Ministry is mandated to ensure provision of basic human
rights to all, without any discrimination on any basis. [11]

7.2 National Commission for Minorities:

To ensure effective participation of Minorities in all walks of life, to protect their
religio-cultural heritage, to look into the grievances of Minority communities and to
check discriminatory laws and procedure in the country, and to monitor that their
worship places are in functional condition, the Federal Cabinet in its meeting dated
23.08.1993, approved the setting up of a National Commission for Minorities (NCM).
The approved functions of National Commission for Minorities (NCM) are at (Annex-
I).The number of its members and tenure kept changing in the past. [11]

The composition of the NCM is usually five official and nine non-official members.
The five official members include Secretaries of Ministries of Minorities, Interior,
Education & Human Rights while Minister (Incharge) for Minorities is Chairman of
the Commission. The composition of nine non-official members is as under: -

a. Two representatives from Christian community,

b. Two representative from Hindus/scheduled castes,
c. Two representatives from Muslims,
d. Two representative from other smaller minority communities i.e. Sikhs, Parsis,
Buddhist, Bahai’s etc.
e. One representative from Ahmadis
f. Since the Ahmadis do not accept the status of minority, they do not like to
enjoy any service/facility provided by Ministry of Minorities. That is why
their faith is not being represented in the NCM. [11]

7
Conclusions:

 Provision of some legal status and constitutional protections to ethnic and

linguistic minorities as that of religious minorities.

 Has the State party introduced special measures, besides those relating to the
exercise of religion, to ensure that all racial or ethnic groups enjoy all human
rights on an equal footing.

 NCM should be empowered to do work on minorities education and health. It

should join hands with United Nations Minorities (UNM).

 Social security needs improvement.

 Freedom of speech and freedom of belief should be given to everyone.

8
References

[1] S. A. A. Maududi, "Rights of Non-Muslims in an Islamic State,” 1961," in Rights of Non-

Muslims in an Islamic State, S. A. A. Maududi, “Rights of Non-Muslims in an Islamic State,”
1961..

[2] "whyislam.org," [Online]. Available: https://www.whyislam.org/common-ground/rights-of-non-

muslim-minorities/. [Accessed 24 04 2019].

[3] R. Mutajalli, "‘Liberties And Rights In Islam," pp. p. 22-23.

[4] D. A. a.-K. Zaydan, " ‘Ahkam al-Dhimmiyin wal- Musta’minin,," p. p. 62.

[5] J. Heath, " ‘Human rights have nothing to do with Christianity,’," Montreal Gazette, March 18,
2003.

[6] A. Tantawi, " ‘The History Of Umar,’," pp. p. 155-156.

[7] Y. Qaradawi, "‘Ghayr al-Muslimeen fil-Mujtama’ al-Islami’," pp. p. 30-31.

[8] Abu Yusuf, " Kitab al-Kharaj,," p. p. 136.

[9] W. Zuhaili, "‘al-Islam wa Ghayr al-Muslimeen,’," pp. p. 60-61.

[10] Al-Qarafi, in ‘al-Furooq,’ , pp. vol 3, p. 15 .

[11] "National Assembly of Pakistan," Government of Pakistan, 22 03 1973. [Online]. Available:

http://www.na.gov.pk/uploads/documents/1333523681_951.pdf. [Accessed 24 04 2019].